Article 21A

Background and evolution

The original Constitution placed education among the Directive Principles. Article 45 asked the State to provide free and compulsory education for all children up to fourteen within ten years, a target that was missed by decades. Courts pushed the issue forward. In Mohini Jain (1992) and Unni Krishnan (1993), the Supreme Court held that the right to education flows from the right to life under Article 21, at least up to the age of fourteen.

Parliament made the right explicit with the 86th Amendment in 2002. It inserted Article 21A, changed Article 45 to focus on early childhood care and education for children below six, and added a Fundamental Duty in Article 51A(k) for parents and guardians to provide education opportunities. The enabling law, the Right of Children to Free and Compulsory Education Act, was passed in 2009 and came into force on 1 April 2010.

Key features and provisions

• Free education: no fees or charges that might prevent a child from completing elementary education.
• Compulsory education: the government must ensure admission, attendance and completion.
• Neighbourhood schools: children have the right to a school within a defined distance.
• 25% reservation: private unaided schools must reserve a quarter of entry-level seats for children from disadvantaged groups and weaker sections, with costs reimbursed by the State.
• Standards: pupil–teacher ratios (30:1 at primary and 35:1 at upper primary), infrastructure norms and qualified teachers who pass a Teacher Eligibility Test.
• Prohibitions: no capitation fees, no screening tests for admission, no physical punishment or mental harassment.
• School Management Committees: three-fourths of members must be parents, to involve communities in governance.